Victorian Current Acts Victorian Current Acts(1) The Minister, by Order published in the Government Gazette, may declare that an offence against a law of another State or a Territory (a corresponding interstate drink‑driving offence ) corresponds to a Victorian drink-driving offence specified in the Order.
(2) For the purposes of subsection (1), a Victorian drink-driving offence—
(a) means—
(i) an offence under section 49(1), other than an offence under section 49(1)(a) involving only a drug or an offence under section 49(1)(ba), (bb), (h) or (i); or
(ii) an offence referred to in section 89(1) of the Sentencing Act 1991 where the court makes a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug which contributed to the offence; but
S. 25(2)(b) amended by No. 49/2019 s. 102.
(b) does not include a supervising driver offence.
S. 25(3) amended by No. 49/2019 s. 116(Sch. 1 item 49).
(3) On being notified that a person who holds a driver licence or learner permit has been disqualified from driving or obtaining a licence or permit in another jurisdiction as a result of having been convicted or found guilty of a corresponding interstate drink‑driving offence committed in that jurisdiction, the Secretary must—
(a) cancel that driver licence or learner permit; and
(b) disqualify the person from obtaining a driver licence or learner permit for the period determined in accordance with this section.
(4) For the purposes of subsection (3)(b) and subject to subsections (5), (6), (7) and (9), the period of disqualification for a corresponding interstate drink-driving offence is the minimum period of disqualification that would apply had the person been convicted or found guilty of the Victorian drink-driving offence to which the corresponding interstate drink-driving offence corresponds.
(5) If the minimum period of disqualification applying to the Victorian drink-driving offence varies depending on the concentration of alcohol in the person's blood or breath, the period of disqualification applying to the corresponding interstate drink-driving offence is the minimum period of disqualification that would apply had the person recorded the same concentration of alcohol in respect of the Victorian drink‑driving offence as that notified as having been recorded in the person's blood or breath in respect of the corresponding interstate drink-driving offence.
S. 25(6) amended by No. 49/2019 s. 116(Sch. 1 item 49).
(6) If, instead of a fixed concentration of alcohol, the Secretary is notified that the concentration of alcohol recorded in the person's blood or breath fell within a range of concentration in respect of the corresponding interstate drink-driving offence, the person is taken, for the purposes of subsection (5), to have recorded a concentration of alcohol at the lower end of that range.
(7) If the minimum period of disqualification applying to the Victorian drink-driving offence varies depending on whether the offence is a first, second or subsequent offence, the period of disqualification applying to the corresponding interstate drink-driving offence is the minimum period of disqualification that would apply had the person been convicted or found guilty of the Victorian drink-driving offence and had sections 48(2), (5) and (6) and 50AA been applied in determining whether the offence is a first, second or subsequent offence.
(8) A period of disqualification imposed under this section runs concurrently with any other period of disqualification applying to the person.
(9) Where the minimum period of disqualification that would apply to a Victorian drink-driving offence under section 89C is less than the period of disqualification that would be imposed under section 50 for the same offence, the lesser period of disqualification under section 89C is, for the purposes of subsection (4), taken to be the minimum period of disqualification that would apply had the person been convicted or found guilty of that offence.
Notes
1 After the expiry of the disqualification period under this section, a driver licence or learner permit granted to the person may be subject to an alcohol interlock condition. See section 31KB.
2 If the person has committed other offences, the person may be required to obtain a licence eligibility order before a driver licence or learner permit is granted. See section 31A.
S. 25A inserted by No. 68/2017 s. 7.